Indiana — Filing a Notice to Creditors: Step-by-Step FAQ
FAQ: What is the process of filing a Notice to Creditors in Indiana? Short answer: In Indiana probate, the personal representative (also called executor or administrator) gives notice to potential creditors by publishing a notice in a local newspaper and by mailing notice to known creditors. This starts the statutory claims period so creditors must […]
Read article →Indiana: What to Do If the Named Executor Refuses to Serve
What to do if the person named as executor refuses to serve under Indiana law Quick overview: If a will names one person as the personal representative (executor) but that person refuses or is unable to serve, the probate court will appoint another qualified person. This article explains how that process works in Indiana, what […]
Read article →Indiana: Can Medicaid File a Claim Against My Mother’s Home or Force Me to Sign Over Her Deed?
Can Indiana Medicaid place a claim on a parent’s home or force you to sign the deed? Detailed answer — how Indiana Medicaid estate recovery works Short answer: Indiana participates in the federal Medicaid Estate Recovery Program, which generally allows the state to recover Medicaid payments for long‑term services and supports (and certain other benefits) […]
Read article →Indiana: Why an Inherited House May Not Be a Probate Asset and Whether You Can Make Mortgage Payments to Avoid Foreclosure
Is an inherited house always a probate asset, and can you make mortgage payments to avoid foreclosure in Indiana? Short answer Not always. Under Indiana law, some houses pass outside of probate (for example, because of joint ownership with rights of survivorship, a living trust, or a transfer-on-death/beneficiary arrangement). Even when a house bypasses probate, […]
Read article →Indiana: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before an Administrator Is Appointed
Detailed answer — What you can do in Indiana when a family member is using a deceased parent’s bank account before appointment of a personal representative Short answer: In Indiana, nobody (including a sibling) has authority to use a deceased person’s solely owned assets for estate administration unless the account ownership gives them a legal […]
Read article →Indiana: How to Recover Sentimental Items Taken by a Sibling During Probate
Detailed Answer If a family member currently has sentimental personal property that belonged to a deceased relative, you have several possible paths to try to get it back under Indiana law. Which path fits depends on whether a probate case has been opened, whether a will exists, whether you are a named beneficiary, and how […]
Read article →Getting Court Approval for a Minor's Personal Injury Settlement in Indiana
Detailed Answer This article explains the common steps to get a court to approve a minor’s personal injury settlement in Indiana. It explains why court approval is usually required, what the court will review, and the practical steps you or your lawyer must take to get a court order that allows the settlement to be […]
Read article →Administrator Bond and Waiver FAQ — Indiana Probate
Detailed Answer Short answer: Under Indiana law, a personal representative (administrator or executor) generally must obtain a fiduciary bond unless the will expressly waives the bond or the court orders a waiver. Heirs or interested parties may also ask the court to require or waive a bond. Whether a bond can be waived by agreement […]
Read article →How to Apply to Serve as Administrator of an Estate in Indiana
How to apply to serve as administrator of an intestate estate in Indiana Disclaimer: This is general information, not legal advice. I am not a lawyer. For legal guidance about a particular situation, consult a licensed Indiana attorney or the local probate court. Detailed answer — step-by-step guide under Indiana law If a person who […]
Read article →Enforcing or Disputing an Oral Agreement Dividing Wrongful-Death Proceeds in Indiana
Understanding How to Enforce or Dispute an Oral Agreement Dividing Wrongful-Death Proceeds in Indiana Short answer: In Indiana, wrongful-death claims are brought and collected by a personal representative under the Indiana Wrongful Death Act. An oral agreement among heirs or beneficiaries about how to divide the proceeds can sometimes be enforced as a contract, but […]
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